terms and conditions of MottoMotive
keeps an online image database for the brokering of images. This can
be used as a presentation and sales medium by image authors and for
researching images by image users. MottoMotive offers providers and
users of images a service which shortens the communication paths between
offers, deliveries, electronic transfers and the issuance of user rights
by image authors are always effected on a no-obligation and non-exclusive
basis under the terms and conditions set out below.
and conditions of the user referenced in order forms, delivery confirmations
etc. are hereby expressly contradicted. The terms and conditions of
MottoMotive shall apply exclusively. All subsidiary agreements are subject
to written confirmation.
4. A basic
distinction is made in the MottoMotive image database between reproducible
image files and image files in a low resolution optimised for the screen
that are used for presentations. All files are copyrighted. The author
acquires a right to a fee from the user in line with the current price
list of MottoMotive as soon as the user starts the file transfer of
an image file marked as reproducible. The price list can be viewed on
our website. The right to a fee remains even if the file transfer is
aborted during the transfer process, irrespective of the reason for
terminating the transfer. However, the user has the right to repeat
the transfer of the data of the same file free of charge until the transfer
of the data is successfully completed.
If the transfer fails for reasons for which MottoMotive is responsible,
the triggered claim to a fee lapses if MottoMotive is unable to make
good the transfer retrospectively.
the reproducible image files, the user must inform MottoMotive of the
nature of the intended use. The author and/or MottoMotive as the invoicing
party give their consent to the user to use the image file provided
on the basis of the information given by the user. Consent is deemed
granted on receipt of the MottoMotive by the user.
If the information given by the user does not correspond to the nature
of use, the consent for use by the author and/or MottoMotive is deemed
not granted; MottoMotive accepts no liability in this case and is to
be indemnified again all compensation claims from third parties.
image files stored in the MottoMotive database for presentation purposes
may only be transferred to the user's computer for private layout purposes.
Image material provided or transmitted digitally remains the property
of the author at all times. Image files marked as reproducible are provided
exclusively for the purchase of user rights according to the terms of
copyright on a temporary basis, for the nature of use agreed between
the user and MottoMotive and the resulting period of use, and in accordance
with the terms of the MottoMotive price list. All electronic image material
provided must be deleted from all storage media without prompting once
the printed documents have been produced and/or usage is finished, and
any other materials generated from this material must be destroyed.
Image files not designated as reproducible which have been stored in
the database for presentation purposes can be used, for layout purposes
only, without further written consent from the author/supplier and must
similarly be deleted and destroyed without prompting after use. This
also applies to new files created through editing from files provided
by us and other image materials produced from these files.
digital data from images for which the user has acquired a usufructuary
right as per agreement through the payment of a user fee must be deleted
when the user right expires. No fees will be refunded for non-use of
the user right.
user does not acquire ownership. He or she is not entitled to assign
the user right, which is purchased for private purposes, to the image
data material provided and/or called up to a third party.
This also applies in the case of the payment of other costs and fees
which are generated and charged under these conditions.
image database is copyrighted and is the property of MottoMotive. Any
archiving of its data, whether for private or commercial use, is prohibited
and will entitle MottoMotive to demand the immediate deletion of all
archived files, the destruction of all other materials generated from
these files and/or damages, irrespective of any compensation claims
of third parties.
use of image files marked as reproducible is subject to a fee. This
also applies to the use of an image or image file as a template for
drawings, caricatures, edited photographs, layout purposes and customer
presentations, as well as to the use of image details which become part
of a new pictorial representation by means of montage, modification,
electronic image editing or similar techniques.
This clause excludes those files stored for presentation purposes and
marked as such which are supplied to the user free of charge for the
creation of internal layouts.
fees quoted in price lists, offers and other documents are net, exclusive
of statutory value added tax and minus the social security contribution
for self-employed artists.
author will charge a premium on the fee for the intended use for images/pictures
taken in unusual circumstances and incurring extraordinary costs (expedition,
aerial, underwater pictures and pictures of models).
fees are in line with the current price list of MottoMotive. They only
apply for one-off use for the specified purpose, in the stipulated scope
and in the agreed language area. Any other use is subject to a further
fee and the prior written consent of MottoMotive.
5. If an
object with images (such as any kind of print medium) is depicted in
a new medium, a further fee must be paid for the image visible on this
object, regardless of any fees for user rights for the same image already
paid in the context of the original use. This particularly applies to
use for advertising purposes. The user must inform MottoMotive of the
new intended use and seek written consent for the use.
6. In the
case of unauthorised use, e.g. false information about the nature of
use and/or forwarding of the image files or images stored in the MottoMotive
database, a minimum fee in the order of five times the user fee will
be payable, subject to further compensation claims, in line with the
fee recommendations of the Photo Marketing Association.
rights or retention periods require a separate agreement. In these cases,
a minimum surcharge of 100% of the respective basic fee is incurred.
image ID number, the name of the image file and the name of the photographer/author
of the image must always be specified when paying fees to MottoMotive.
C. Restriction on availability, liability, exploitation rights and copyrights
image files acquired must be treated as originals. A user right is only
assigned to the copyright to the image. This particularly applies to
image files which by the nature of the contents of the image are subject
to a further copyright (e.g. works which come under the category of
fine or visual arts). It is the responsibility of the user of the image
files to seek exemption from all other copyrights and obtain publication
authorisations for collections, museums etc. The image files are only
provided by MottoMotive for the contractual use and must be deleted
from all electronic storage media again immediately once they are no
longer required for use. The rights granted under the terms of the contract
only apply to one-off use in the agreed scope. Repeated uses or other
extensions of the original user rights granted are only permitted subject
to prior written consent of MottoMotive. Prior written consent must
particularly be obtained if there is an intention to use the image material
for commercial purposes. If any commercial use could invade the privacy
of a person depicted, it is the responsibility of the user to seek the
consent of the person in question. If there are any compensation claims
from the injured party on the grounds of a failure to obtain consent,
the user shall indemnify MottoMotive and the author against such compensation
The consent of MottoMotive to transfer user rights cannot be dispensed
with on the grounds that the transfer took place as part of the sale
of a company as a whole or the sale of parts of a company (§ 34
Paragraph 3 of the German Copyright Act). This clause is to be regarded
as a separate agreement in accordance with § 34 Paragraph 4 of
the German Copyright Act.
2. No alteration
of the copyrighted work through reproduction, scanning, modification
or electronic means is permitted. Exceptions are subject to individual
written agreement. Infringements of this clause will entitle the author
or MottoMotive to charge five times the usual fee for this kind of work
in line with the fee recommendations of the Photo Marketing Association,
or an individually agreed fee.
Image files not designated as reproducible which are stored for presentation
purposes and can be used and amended by electronic means free of charge
to the user exclusively for generating internal layouts are excluded
The publication of any new image works thus created is not permitted.
These must also be deleted from all storage media after use.
Unusual uses and misrepresentations in images or words and uses which
could result in the disparagement of persons depicted are impermissible
and will make the user liable for damages. The user shall free MottoMotive
and the author from any compensation claims from third parties in such
and electronic storage of image data purchased through MottoMotive for
the user's archiving purposes and forwarding to third parties are not
permitted. Special cases are subject to our written consent and a special
fee. If this clause is violated, however, MottoMotive will be entitled
to demand damages. This does not affect any claims for compensation
on the part of the author.
All users are obliged, without prompting, to inform us in writing at
all times if and to what extent they have duplicated, produced other
templates for their own archiving purposes or stored digital data from
the images purchased from MottoMotive without our consent. Any copies
etc. produced with the consent of the author must be surrendered after
use. Copies etc. produced without consent must be surrendered immediately
without prompting. Digitally stored image files must be deleted.
user is obliged to observe the publishing principles of the German Press
Council (Press Code). The user bears responsibility for any text. MottoMotive
and the author assume no liability for violation of the general right
to privacy or copyright by improper or distorting representation in
picture or text. They shall be indemnified against any compensation
claims from third parties. The user bears sole liability towards any
third party for damages resulting from the violation of such rights.
publication of depictions of famous persons is only possible with their
name and only for editorial purposes.
or the author cannot assume any compensation claims arising from the
use of image files purchased through MottoMotive. The person responsible
for the respective printing unit or other medium bears sole responsibility
in every instance in respect of any invasion of the privacy of depicted
persons, including the responsibility devolving from the right to his
or her own picture and for any use of the image material handed over
for commercial purposes without first obtaining the consent of the author.
Where necessary, and where he is responsible for the above, the user
shall free MottoMotive and the author from any compensation claims from
forwarding of image files purchased through MottoMotive or reproduction
rights is subject to a separate contract.
and/or the author expressly reserve the right to assign secondary rights
to collecting societies and do not recognise clauses by which the acknowledgement
of further rights is to be excluded with the acceptance of a fee.
D. Copyright, specimen copy
reference to § 13 of the German Copyright Act, we explicitly demand
a copyright note, and one that leaves no doubt as to the picture to
which the note refers. Collective picture credits are only adequate
in this context if it is again possible to assign credits to the respective
pictures without any doubt. Contrary to the above clause, special agreements
between the user and author based on mutual consent are possible and
are to be remunerated with the payment of an agreed increased fee.
Furthermore, MottoMotive must be told when settling charges exactly
which image was used in which publication and where. Failure to name
each picture will entitle the author to damages in the form of a surcharge
of 200% on top of the respective user fee. The user shall free MottoMotive
from claims from third parties resulting from any omission of copyright
also applies to advertisements, flashes in television and films or other
media, unless another special agreement has been expressly reached between
the author and user.
explicitly specified above, all use is subject to the terms of the German
must be sent at least two complete specimen copies of any publication
in printed products, unprompted and free of charge, in accordance with
§ 25 of the German Act concerning the Law of Publication.
E. Terms of payment and place of jurisdiction
invoices are always payable net only within 10 days.
sole place of jurisdiction and place of performance for both parts,
insofar as this is legally admissible, is Bielefeld.
law also applies to all deliveries/transfers abroad as agreed.
4. If one
of the clauses of these terms of delivery and terms and conditions of
business is not valid, this will not affect the validity of the remaining